I. Purpose
This Resolving Allegations of Discrimination and Retaliation Procedure (“Procedure”) is adopted to implement the College’s Nondiscrimination Policy (“Policy”). The purpose of this Procedure is to describe the resolution process that will be used to investigate and/or resolve Reports, Knowledge and Complaints of Discrimination and Retaliation filed under the College’s Nondiscrimination Policy.
II. Scope and Applicability
A. This Procedure applies only to alleged incidents that occur after the effective date of this Procedure.
B. This Procedure is the sole method for resolving allegations of Discrimination and Retaliation that fall within the scope of the Nondiscrimination Policy and supersedes all prior versions of the Policy or related Procedures, including provisions of the College manual. To the extent that any College policy, procedure or manual provision conflicts with this Procedure, this Procedure shall govern.
C. This Procedure applies to all Employees, Students, and other individuals participating in or attempting to participate in the College’s program or activities, including education and employment (defined as including locations, events, or circumstances in which the College exercises substantial control over both the Respondent and the context in which the conduct occurred), circumstances where the College has disciplinary authority.
D. This Procedure may also apply to the effects of off-campus and off-duty conduct that limit or deny a person’s access to College’s education program or activities, and/or affects a substantial College interest. A substantial College interest includes:
1. Any actions that constitute a criminal offense as defined by local, state, or federal law.
2. Any situation in which the Respondent poses an immediate threat to the physical health or safety of any student, employee, or other individual.
3. Any situation that substantially interferes with the College’s educational interests or mission, and/or its programs and activities.
E. For disciplinary action to be issued under the Nondiscrimination Policy, the Respondent must be a College Employee or Student at the time of the alleged incident. If the Respondent is unknown or is not a member of the College community, the CCFPO will offer to assist the Complainant in identifying appropriate institutional and local resources and support options and will implement appropriate supportive measures and/or remedial actions. The College may also assist the individual in how to file a police report about criminal conduct if the individual wishes to do so.
F. All vendors serving the College through third-party contracts are subject to the policies and procedures of their employers and all applicable College Policies and procedures to which their employer has agreed to be bound by their contracts.
The CCFPO may be able to assist and support a Student or Employee Complainant who experiences Discrimination in an externship, study abroad program, or other environment external to the College where nondiscrimination policies and procedures of the facilitating or host organization may give the Complainant recourse. If there are effects of that external conduct that impact a student or employee’s work or educational environment, those effects can often be addressed remedially by the CCFPO if brought to the CCFPO’s attention.
III. Definitions
A. All capitalized terms in these Procedures have the meanings provided in the Policy.
B. All other capitalized terms in these Procedures have the following meanings:
1. Advisor. Any person chosen by a party, or appointed by the College, who may accompany the party to all meetings related to the Resolution Process and advise the party on that process.
2. NOIA. Notice of Investigation and Allegations that is provided to the parties after a Formal Complaint is filed.
3. Appeal Decision-Maker. An Employee designated by the CCFPO who decides an Appeal. When the CCFPO believes there may be a conflict of interest or other good cause, the CCFPO may designate an external third party to serve as the Appeal Decision-Maker.
4. Complainant. A Student or Employee who is alleged to have been subjected to conduct that could constitute Discrimination or Retaliation under the Policies; or a person other than a Student or Employee who is alleged to have been subjected to such conduct and who was participating or attempting to participate in the College’s education program or activity at the time of the alleged conduct.
5. Complaint. An oral or written request to the College that can objectively be understood as a request for the College to investigate and make a determination about the alleged violation(s) of Policy.
6. Day. A business day when the College is in normal operation. All references in the Policy to days refer to business days unless specifically noted as calendar days.
7. Decision-Maker. The Hearing Officer described in the Hearing Procedure who hears evidence, determines relevance, and makes the Final Determination of whether Policy has been violated and/or assigns sanctions.
8. Education Program or Activity. Locations, events, or circumstances, including employment, where the College exercises substantial control over the context in which the Discrimination, Retaliation and/or Prohibited Conduct occurs.
9. Final Determination. A conclusion by the standard of proof that the alleged conduct did or did not violate Policy.
10. Finding. A conclusion by the standard of proof that the conduct did or did not occur as alleged (as in a “finding of fact”).
11. Informal Resolution. A resolution agreed to by the Parties and approved by the Informal Resolution Coordinator that occurs prior to a Final Determination in the Resolution Process.
12. Investigation Report. The Investigator’s summary of all relevant evidence gathered during the investigation. Variations include the Draft Investigation Report and the Final Investigation Report.
13. Investigator. The person(s) authorized by College to gather facts about an alleged violation of this Policy, assess relevance and credibility, synthesize the evidence, and compile this information into an Investigation Report.
14. Knowledge. When College receives Notice of conduct that reasonably may constitute harassment, discrimination, or retaliation in its Education Program or Activity.
15. Nondiscrimination Team. The CCFPO and any member of the Resolution Process Pool.
16. Notice. When an Employee, Student, or third party informs the CCFPO of the alleged occurrence of discriminatory and/or retaliatory conduct.
17. Online Harassment. Online manifestations of any of the behaviors prohibited by the Policy or this Procedure, when those behaviors cause an infringement on or harm to the rights of others, occur in or have an effect on the College’s education program and activities, or involve the use of College networks, technology, or equipment.
18. Parties. The Complainant(s) and Respondent(s), collectively.
19. Relevant Evidence. Evidence that may aid a Decision-Maker in determining whether the alleged Discrimination or Retaliation occurred, or in determining the credibility of the Parties or witnesses.
20. Remedies. Typically, post-resolution actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore or preserve equal access to the College’s Education Program and Activity.
21. Report. Provides notice to the College of an allegation or concern about Discrimination or Retaliation and provides an opportunity for the CCFPO to provide information, resources, and supportive measures
22. Resolution Process. The investigation and resolution of allegations of Discrimination or Retaliation under the Policy or this Procedure, including Informal Resolution, and Hearing Resolution.
23. Resolution Process Pool means the pool of individuals (“the Pool”) to carry out the Resolution Process. External, trained third-party neutral professionals may also be used to serve in Pool roles.
24. Respondent. A person who is alleged to have engaged in conduct that could constitute Discrimination or Retaliation under the Policy.
25. Protected Activity includes reporting information, making a Complaint, threatening to file a complaint, testifying, assisting, or participating or refusing to participate in any manner in an investigation or Resolution Process under this Policy, including an Informal Resolution process, or in any other appropriate steps taken by the College to promptly and effectively end any discrimination in its education program or activity, or in employment, prevent its recurrence, and remedy its effects. The exercise of rights protected under the First Amendment does not constitute retaliation.
26. Sanction. A consequence imposed on a Respondent who is found to have violated the Policy.
IV. Procedure Provisions
A. The College will implement these procedures on any Report, Complaint, or Knowledge of a potential violation of the Policy, as defined in the Procedure, that is received by the CCFPO.
B. Reporting of Policy Violations
1. Administrative Contact Information
a. Reports or Formal Complaints of alleged Policy and Procedure violations, or inquiries about or concerns regarding the Policy and Procedure, may be made to:
CCFPO
Student Union, Suite 220A
101 College Parkway
Arnold, MD 21012
Office: (410) 777-1239
Email: Complianceofficer@aacc.edu
2. Reports/Complaints of Discrimination and/or Retaliation
a. A Report provides notice to the College of an allegation or concern about Discrimination or Retaliation and provides an opportunity for the CCFPO to provide information, resources, and supportive measures.
b. A Complaint provides notice to the College that the Complainant would like to initiate an investigation or other appropriate resolution procedures. A Complainant or individual may initially make a Report and may decide at a later time to make a Complaint.
c. Reports or Complaints of Discrimination or Retaliation may be made using any of the following options:
1) File a Complaint with, or make a verbal Report directly to, the CCFPO or designee. Such a Complaint may be made at any time (including during non-business hours) by using the telephone number, email address, or by mail to the office of the CCFPO or designee.
2) Submit an online Report.
3) Anonymous reports are accepted, but limit the College’s ability to investigate, respond, and provide remedies, depending on what information is shared. Anonymous reports may give rise to a need to try to determine the Parties’ identities. Measures intended to protect the community or redress or mitigate harm may be enacted. It may be impossible to provide supportive measures to Complainants who reported anonymously.
4) Reporting carries no obligation to initiate a Complaint, and in most situations, the College is able to respect a Complainant’s request to not initiate a resolution process. However, there may be circumstances, such as pattern behavior, allegations of severe misconduct, or a compelling threat to health and/or safety, where the College may need to initiate a Resolution Process. If a Complainant does not wish to file a Complaint, the College will maintain the privacy of information to the extent possible. The Complainant should not fear a loss of confidentiality by giving Notice that allows the College to discuss and/or provide Supportive Measures, in most circumstances.
3. Time Limits on Reporting
a. There is no time limitation on providing Reports/Complaints to the CCFPO. However, if the Respondent is no longer subject to the College’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and/or provide remedies may be more limited or impossible.
b. Acting on Reports/Complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of Policy, and unavailability of witnesses and/or evidence) is at the CCFPO’s discretion; the CCFPO may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.
C. Standard of Proof
1. At all phases of the initial evaluation, dismissal and Resolution Process, the College uses the preponderance of the evidence standard of proof when determining whether a Policy violation occurred. This means that the College will decide whether it is more likely than not, based upon the available information at the time of the decision, that the Respondent is in violation of the alleged Policy violation(s).
D. Collateral Misconduct
1. Collateral misconduct is defined to include potential violations of College policies other than the Nondiscrimination Policy that occur in conjunction with alleged violations of this Policy, or that arise through the course of the investigation, for which it makes sense to provide one resolution for all charges. Thus, the collateral allegations may be charged along with potential violations of the Nondiscrimination Policy to be resolved jointly under this Procedure.
2. In such circumstances, the CCFPO may consult with College officials who typically oversee such conduct (e.g., human resources, student conduct, academic affairs) to solicit their input as needed on what charges should be filed, but the review of collateral charges under these procedures is within the discretion of the CCFPO.
3. All other allegations of misconduct unrelated to incidents covered by the Policy will typically be addressed separately through procedures described in other applicable College policies.
E. Supportive Measures
1. The College will offer and implement appropriate and reasonable supportive measures to the parties upon Notice of alleged Discrimination and/or Retaliation.
2. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and reasonably available. They are offered, without fee or charge to the Parties, to restore or preserve access to the College’s Education Program or Activity, including measures designed to protect the safety of all Parties and/or the College’s educational environment and/or to deter Discrimination and/or Retaliation.
3. Supportive measures may not unreasonably burden either party and must be designed to protect the safety of the Parties or the College’s educational environment.
4. Supportive measures may be modified or terminated at the conclusion of this Procedure, or at the conclusion of the informal resolution process, or may be continued beyond these time periods, at the discretion of the CCFPO.
5. The CCFPO promptly makes supportive measures available to the Parties upon receiving Notice, Knowledge or a Complaint. At the time that supportive measures are offered, if a Complaint has not been filed, the College will inform the Complainant, in writing, that they may file a Complaint with the College either at that time or in the future. The CCFPO will work with a party to ensure that their wishes are considered with respect to any planned and implemented supportive measures.
6. The College will maintain the confidentiality of the supportive measures, provided that confidentiality does not impair the College’s ability to provide those supportive measures. The College will attempt to minimize the academic/occupational impact on the Parties as possible. The College will implement measures in a way that does not unreasonably burden any party.
These actions may include, but are not limited to:
• Referral to counseling, medical, and/or other healthcare services
• Referral to the Employee Assistance Program
• Referral to community-based service providers
• Visa and immigration assistance
• Student financial aid counseling
• Education to the College community or community subgroup(s)
• Altering work arrangements for employees or student-employees
• Safety planning
• Providing campus safety escorts
• Providing transportation assistance
• Implementing contact limitations (no contact orders) between the Parties
• Academic support, extensions of deadlines, or other course/program-related adjustments
• Trespass or Persona Non Grata (PNG) orders
• Timely warnings
• Class schedule modifications, withdrawals, or leaves of absence
• Increased security and monitoring of certain areas of the campus
• Any other actions deemed appropriate by the CCFPO
7. Violations of No Contact Orders or other restrictions may be referred to appropriate Student or Employee conduct processes for enforcement or added as collateral misconduct allegations to an ongoing Complaint under this Procedure, at the discretion of the CCFPO.
8. The Parties may at any time seek modification or reversal of the College’s decision to provide, deny, modify, or terminate supportive measures applicable to them. A request to do so should be made in writing to the CCFPO.
9. The College will also provide the Parties with the opportunity to seek additional modification or termination of supportive measures applicable to them if circumstances change materially. The College typically renders decisions on supportive measures within seven (7) business days of receiving a request and provides a written determination to the impacted party(ies) and the CCFPO.
F. Initial Evaluation
1. The CCFPO will conduct an initial evaluation typically within seven (7) business days of receiving Notice/Complaint/Knowledge of alleged misconduct.
2. If circumstances require, the President or CCFPO will designate another person to oversee the Resolution Process should an allegation be made about the CCFPO or the CCFPO be otherwise unavailable, unable to fulfill their duties, or have a conflict of interest.
3. The initial evaluation includes:
a. Assessing whether the reported conduct may reasonably constitute a violation of the Policy. If the conduct does not reasonably constitute a violation of a Policy, the CCFPO may dismiss the matter from this process, consistent with the dismissal provision in these procedures. The reported conduct may then be referred to another process, if applicable.
b. Determining whether the College has jurisdiction over the reported conduct, as defined in the Policy. If the conduct is not within College’s jurisdiction, then the CCFPO may dismiss the matter from this process, consistent with the dismissal provision in these procedures. If applicable, the conduct will be referred to the appropriate College office for resolution.
c. Offering and coordinating supportive measures for the Complainant and Respondent.
d. Notifying the Complainant, or the person who reported the allegation(s), of the resolution processes, including a supportive and remedial response, an Informal Resolution option, or the Hearing Resolution Process.
e. Determining whether the Complainant wishes to make a Complaint.
f. Notifying the Respondent of the resolution processes, including a supportive and remedial response, an Informal Resolution option, or the Hearing Resolution Process, if a Complaint is made.
G. Helping a Complainant to Understand Options
1. If the Complainant indicates they wish to initiate a Complaint (in a manner that can reasonably be construed as reflecting intent to make a Complaint), the CCFPO will help to facilitate the Complainant's verbal or written decision to pursue one of three resolution options:
a. a supportive and remedial response, and/or
b. Informal Resolution, or
c. the Hearing Resolution Process described in this Procedure.
2. The CCFPO will seek to consider the wishes of the Complainant but has discretion to take an alternative approach depending on their analysis of the situation.
3. If the Complainant elects a Hearing Resolution Process, and the CCFPO has determined that the Policy applies and that the College has jurisdiction, then the CCFPO will provide the Parties with a Notice of Investigation and Allegation(s) (NOIA) and will initiate an investigation consistent with these Procedures.
4. If any Party indicates (either verbally or in writing) that they want to pursue an Informal Resolution option, the CCFPO will assess whether the matter is suitable for Informal Resolution and refer the matter accordingly.
5. If the Complainant indicates (either verbally or in writing) that they do not want any action taken, no Resolution Process will be initiated (unless deemed necessary by the CCFPO), though the Complainant can elect to initiate one later, if desired.
H. CCFPO’s Authority to Initiate a Complaint
1. The CCFPO has ultimate discretion as to whether a Complaint is initiated.
2. If the Complainant does not wish to file a Complaint, then, the CCFPO will offer supportive measures and determine whether to initiate a Complaint themselves. To make this determination, the CCFPO will consider whether there is a serious and imminent threat to an individual's safety or if the College cannot ensure equal access without initiating a Complaint.
3. The CCFPO will consider the following non-exhaustive factors to determine whether to file a Complaint:
a. The Complainant’s request not to proceed with initiation of a Complaint;
b. The Complainant’s reasonable safety concerns regarding initiation of a Complaint;
c. The risk that additional acts of Discrimination or Retaliation would occur if a Complaint is not initiated;
d. The severity of the alleged Discrimination or Retaliation, including whether the Discrimination or Retaliation, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the Discrimination or Retaliation and prevent its recurrence;
e. The age, relationship and status of the Parties, including whether the Parties are Students or Employees or third parties;
f. The scope of the alleged Discrimination or Retaliation, including information suggesting a pattern, ongoing Discrimination or Retaliation, or Discrimination or Retaliation alleged to have impacted multiple individuals;
g. The availability of evidence to assist a Decision-Maker in determining whether Discrimination or Retaliation occurred; and/or
h. Whether the College could end the alleged Discrimination or Retaliation and prevent its recurrence without initiating its resolution process.
4. If deemed necessary, the CCFPO may consult with appropriate College Employees to aid their determination whether to initiate a Complaint.
5. When the CCFPO initiates a Complaint, the CCFPO does not become the Complainant. The Complainant is the person who experienced the alleged conduct that could constitute a violation of this Policy.
I. Dismissal
1. The CCFPO may dismiss a Complaint if, at any time during the investigation or Resolution Process, if one or more of the following grounds are met:
a. The CCFPO is unable to identify the Respondent after taking reasonable steps to do so;
b. The College no longer enrolls or employs the Respondent;
c. A Complainant voluntarily withdraws any or all of the allegations in the Complaint, and the CCFPO declines to initiate a Complaint;
d. The CCFPO determines the conduct alleged in the Complaint would not constitute a Policy violation, if proven and/or does not fall within the jurisdiction of the Policy.
2. At any time in the Resolution Process, a Decision-Maker can recommend dismissal to the CCFPO if they believe any of the above grounds are met. A Complainant who decides to withdraw a Complaint may later request to reinstate or refile it.
3. Upon any dismissal, the CCFPO will promptly send the Complainant written notification of the dismissal and the rationale for doing so. If the dismissal occurs after the Respondent has been made aware of the allegations, the CCFPO will also notify the Respondent of the dismissal.
4. This dismissal decision is appealable by any party.
5. If a Complaint or Report is dismissed based upon proof that the conduct alleged in the Complaint would not constitute a violation of the Nondiscrimination Policy, then the College reserves the right to address such conduct under another applicable policy.
J. Appeal of Dismissal
1. The Complainant may appeal a dismissal of their Complaint. The Respondent may also appeal the dismissal of the Complaint if dismissal occurs after the Respondent has been made aware of the allegations.
2. All dismissal appeal requests must be filed within three (3) business days of the notification of the dismissal.
3. The CCFPO shall notify the Parties of any appeal of the dismissal. If, however, the Complainant appeals, but the Respondent was not notified of the Complaint, the CCFPO must then provide the Respondent with a NOIA and will notify the Respondent of the Complainant’s appeal with an opportunity to respond.
4. Throughout the dismissal appeal process, the College will:
a. Implement dismissal appeal procedures equally for the Parties;
b. Assign a trained Dismissal Appeal Officer who did not take part in an investigation of the allegations or dismissal of the Complaint;
c. Provide the Parties a reasonable and equal opportunity to make a statement in support of, or challenging, the dismissal; and
d. Notify the Parties of the result of the appeal and the rationale for the result.
5. The grounds for dismissal appeals are limited to:
a. A Procedural irregularity that would more likely than not change the outcome of the decision to dismiss;
b. Discovery of evidence that was not available at the time of the decision and would have changed the decision to dismiss; The CCFPO, Investigator, or Decision-Maker had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that would change the outcome.
6. Upon receipt of a Request for Appeal in writing from one or more Parties, the CCFPO will share the Request for Appeal with the other party and provide three (3) business days for the other party to respond to the request.
7. The Request for Appeal must specify at least one of the enumerated grounds for dismissal appeals and provide any reasons or supporting evidence for why the ground is met. At the conclusion of the response period, the CCFPO will forward the Request for Appeal, as well as any response provided by the other party to the Dismissal Appeal Officer for consideration.
8. If the Request for Appeal does not provide information that meets the grounds in this Procedure, the request will be denied by the Dismissal Appeal Officer, and the parties, their Advisors, and the CCFPO will be notified in writing of the denial and the rationale.
9. If any of the asserted grounds in the Request for Appeal satisfy the grounds described in the Policy, then the Dismissal Appeal Officer will notify all Parties and their Advisors, and the CCFPO, of their decision and rationale in writing. The effect will be to reinstate the Complaint.
10. Appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds.
11. The Dismissal Appeal Officer has seven (7) business days to review and decide on the appeal, though extensions can be granted at the discretion of the CCFPO, and the Parties will be notified of any extension.
12. Appeal decisions are deferential to the original determination, making changes only if there is a compelling justification to do so.
13. The Dismissal Appeal Officer may consult with the CCFPO and/or legal counsel on questions of procedure or rationale for clarification, if needed. The CCFPO will maintain documentation of all such consultation.
K. Emergency Removal/Interim Suspension of a Student or Employee
1. The President or designee may remove or suspend a Student or Employee accused of Discrimination or Retaliation under the Nondiscrimination Policy upon receipt of Notice/Knowledge, a Complaint, or at any time during the resolution process.
2. Prior to an emergency removal, the CCFPO will conduct an individualized risk assessment and may recommend removal to the President or designee of the Student or Employee if that assessment determines that an imminent and serious threat to the health or safety of a Complainant or any students, employees, or other persons arising from the allegations justifies such action.
3. When an emergency removal or interim suspension is imposed, wholly or partially, the affected Student or Employee will be notified of the action, which will include a written rationale, and the option to challenge the emergency removal or interim suspension within two (2) business days of the notification.
4. Upon receipt of a challenge, a trained member of the Resolution Pool will meet with the Student (and their Advisor, if desired) or the Employee (and their Advisor, if desired) as soon as reasonably possible thereafter to allow them to show cause why the removal/action should not be implemented or should be modified.
5. This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal or interim suspension is appropriate, should be modified, or lifted.
6. If this meeting is not requested within two (2) business days, objections to the emergency removal or interim suspension will be deemed waived. The Respondent may provide information, including expert reports, witness statements, communications, or other documentation for consideration prior to or during the meeting.
7. A Student or Employee can later request a meeting to show why they are no longer an imminent and serious threat because conditions related to imminence or seriousness have changed.
8. A Complainant and their Advisor may be permitted to participate in this meeting if the CCFPO determines it is equitable to do so.
9. An emergency removal or interim suspension may be affirmed, modified, or lifted as a result of a requested review or as new information becomes available. The CCFPO will communicate the final decision in writing, typically within three (3) business days of the review meeting.
L. Counter-Complaints
1. The College is obligated to ensure that the Resolution Process is not abused for retaliatory purposes. Although the College permits the filing of Counter-Complaints, the CCFPO will use an initial evaluation, described above, to assess whether the allegations in the Counter-Complaint are made in good faith. When Counter-Complaints are not made in good faith, they will not be permitted. They will be considered potentially retaliatory and may constitute a violation of the Policy.
2. Counter-Complaints determined to have been reported in good faith will be processed using the Resolution Process. At the CCFPO’s discretion, investigation of such claims may take place concurrently with or after resolution of the underlying initial Complaint.
M. False Allegations and Evidence
1. Deliberately false and/or malicious accusations under the Policy or this Procedure are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a determination of a Policy violation.
2. Additionally, witnesses and Parties who knowingly provide false evidence, tamper with or destroy evidence, or deliberately mislead an official conducting an investigation or resolution process can be subject to discipline under appropriate College policies.
N. Retaliation
1. Claims of Retaliation occurring before, during or after the Resolution Process should be reported to the CCFPO and will be considered in accordance with this Procedure.
O. Failure to Comply/Process Interference
1. Failure to Comply or Process Interference under this Procedure means:
a. Intentional failure to comply with the reasonable directives of the CCFPO or designee in the performance of their official duties, including with the terms of a no contact order
b. Intentional failure to comply with emergency removal or interim suspension terms
c. Intentional failure to comply with sanctions
d. Intentional failure to adhere to the terms of an agreement achieved through informal resolution
e. Intentional interference with this resolution process, including but not limited to:
1) Destruction of or concealing of evidence
2) Actual or attempted solicitation of knowingly false testimony or providing false testimony or evidence
3) Intimidating or bribing a witness or party.
2. Violations of this provision will be addressed through the Code of Student Conduct and applicable employee disciplinary procedures.
P. Resolution Options Overview
1. The Resolution Process, consisting of Informal Resolution or Hearing Resolution, is the College’s chosen approach to addressing Discrimination and Retaliation. The process considers the Parties’ preferences but is ultimately determined at the CCFPO’s discretion.
Q. Confidentiality/Privacy and Unauthorized Disclosure
1. Resolution proceedings are confidential. All individuals present at any time during the Resolution Process are expected to maintain the confidentiality of the proceedings in accordance with College Policy and shall not engage in Unauthorized Disclosure.
2. Unauthorized Disclosure means distributing or otherwise publicizing materials created or produced during an investigation or Resolution Process under this Policy except as required by law or as expressly permitted by the College; or publicly disclosing a Party’s personally identifiable information in connection with proceedings under this Policy without authorization or consent.
3. Nothing in this section restricts the ability of the Parties in proceedings under the Policy to obtain and present evidence, including by speaking to witnesses (as long as it does not constitute Retaliation under this Policy), consult with their family members, confidential resources, or Advisors; or otherwise prepare for or participate in the Resolution Process.
4. Violations of this provision will be addressed through the Student Code of Conduct Procedures and Employee disciplinary procedures.
5. The College makes every effort to preserve the Parties’ privacy. The College will not share the identity of any individual who has made a Complaint of Discrimination or Retaliation; any Complainant; any individual who has been reported to be the perpetrator of such conduct; any Respondent; or any witness, except as permitted by, or to fulfill the purposes of, applicable laws and regulations, including any investigation, or resolution proceeding arising under these policies and procedures.
R. Resolution Process Pool
1. The Resolution Process relies on a pool of individuals (“the Pool”) to carry out the process. External, trained third-party neutral professionals may also be used to serve in Pool roles.
2. Members of the Pool are trained annually, and can serve in the following roles, at the discretion of the CCFPO:
• Appropriate intake of and initial guidance pertaining to Complaints
• Advisor to Parties
• Informal Resolution Facilitator
• Perform or assist with initial evaluation
• Investigator
• Hearing Officer/Decision-Maker
• Appeal of Dismissal Decision-Maker
• Appeal Decision-Maker
3. The CCFPO appoints members of the Pool who act with independence and impartiality. Although members of the Pool are typically trained in a variety of skill sets and can rotate amongst the different roles listed above in different Complaints, the College can also designate permanent roles for individuals in the Pool.
S. Informal Resolution Process
1. The Informal Resolution Process is described in the Informal Resolution Process Procedure.
T. Hearing Resolution Process
1. Notice of Investigation and Allegations
a. Prior to an investigation, the CCFPO will provide the Parties with a detailed written NOIA.
b. Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available regarding the addition or dismissal of various allegations. For climate/culture investigations that do not have an identifiable Respondent, the NOIA will be sent to the department/office/program head for the area/program being investigated.
c. Any conduct can be charged as or combined as pattern offenses, in which case the Notice of Investigation and Allegation (NOIA) will clearly indicate that both individual incidents and a pattern of conduct are being investigated. A pattern may exist and be charged when there is a potential substantial similarity to incidents where the proof of one could make it more likely that the other(s) occurred, and vice-versa. Patterns may exist based on target selection, similarity of offense, or other factors. Where a pattern is found, it can be the basis for enhanced sanctions, accordingly.
d. Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address(es) of the Parties as indicated in official College records, or emailed to the Parties’ College-issued email or designated accounts. Once mailed, emailed, and/or received in person, the notification will be presumptively delivered.
2. Resolution Timeline
a. The College will make a good faith effort to complete the Resolution Process within sixty to ninety (60-90) business days, including any appeals, which can be extended as necessary for appropriate cause by the CCFPO.
b. The Parties will receive regular updates on the progress of the Resolution Process, as well as notification and a rationale for any extensions or delays, and an estimate of how much additional time will be needed to complete the process.
c. Investigations are completed expeditiously, normally within sixty (60) business days, though some investigations may take longer, depending on issues such as the nature, extent, and complexity of the allegations, witness availability, law enforcement involvement, and other factors.
d. If a party or witness chooses not to participate in the Resolution Process or becomes unresponsive, the College reserves the right to continue it without their participation to ensure a prompt resolution. Non-participatory or unresponsive Parties retain the rights outlined in this Policy and the opportunity to participate in the Resolution Process.
e. The College may undertake a short delay in its investigation (several days to a few weeks) if circumstances require. Such circumstances include but are not limited to a request from law enforcement to delay the investigation temporarily, the need for language assistance, the absence of Parties and/or witnesses, and/or health conditions. The College will promptly resume its Resolution Process as soon as feasible. During such a delay, College will implement and maintain supportive measures for the Parties as deemed appropriate.
f. College action(s) or processes are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced.
g. The College will make a good faith effort to complete the Resolution Process as promptly as circumstances permit and will communicate regularly with the Parties to update them on the progress and timing of the process.
3. Ensuring Impartiality
a. Any individual materially involved in the administration of the Resolution Process, including the CCFPO, Investigator(s), and Decision-maker(s), may neither have nor demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent.
b. The CCFPO will vet the assigned Decision-Maker(s), and Appeals Officers for impartiality by ensuring there are no actual or apparent conflicts of interest or disqualifying biases.
c. At any time during the Resolution Process, the Parties may raise a concern regarding bias or conflict of interest, and the CCFPO will determine whether the concern is reasonable and supportable. If so, another Pool member will be assigned, and the impact of the bias or conflict, if any, will be remedied. If the source of the conflict of interest or bias is the CCFPO, concerns should be raised with the President.
d. The Resolution Process involves an objective evaluation of all available relevant and not otherwise impermissible evidence, including evidence that supports that the Respondent engaged in a Policy violation and evidence that supports that the Respondent did not engage in a Policy violation.
e. Credibility determinations may not be based solely on an individual’s status or participation as a Complainant, Respondent, or witness. All Parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence, and to receive a written investigation report that accurately summarizes this evidence.
4. Witness Role and Participation in the Investigation
a. Employees are required to cooperate with and participate in the College’s investigation and Resolution Process. Employees, including Parties and witnesses, who do not have 12-month contracts are not required to participate in Resolution Processes that occur during months between contracts, but may voluntarily do so.
b. Student witnesses and witnesses external to the College community cannot be required to participate but are encouraged to cooperate with College investigations and to share what they know about a Complaint.
c. Interviews may be conducted in person, via online conferencing platforms (e.g., Zoom, Microsoft Teams, etc.), or, in limited circumstances, by telephone. The College will take appropriate steps to ensure the security/privacy of remote interviews.
d. Parties and witnesses may also provide written statements in lieu of interviews or choose to respond to written questions, if deemed appropriate by the Investigator(s), though this is not preferred.
U. Interview Recording
1. All interviews are recorded with the consent of the interviewee. All individuals who are present for an interview must be made aware of audio and/or video recording and be requested to provide consent.
2. The Parties and witnesses will be offered the opportunity to review copies of their own interview recordings, transcripts, or summaries. After an interview, Parties and witnesses will be asked to verify the accuracy of the recording, transcript, or summary of their own interview. They may submit changes, edits, or clarifications. If the Parties or witnesses do not respond within the time period designated for verification, objections to the accuracy of the recording, transcript, or summary will be deemed to have been waived, and no changes will be permitted.
3. No unauthorized audio or video recording of any kind is permitted during investigation meetings.
V. Evidentiary Considerations
1. The Investigator(s) will consider all evidence that is relevant and not legally impermissible. Relevant evidence is that which may aid in determining whether the allegation occurred, or whether the behavior constitutes a violation of Policy.
2. The Investigator will not include information about the following in their investigation report:
a. Evidence that is protected under a privilege as recognized by Federal or State law or evidence provided to a Confidential Employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
b. A Party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the Party or witness, unless the recipient obtains that Party’s or witness’s voluntary, written consent for use in the recipient’s grievance procedures;
c. Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.
3. At the discretion of the Investigator, Parties will be allowed to introduce expert evidence, as long as the determination applies to both parties. Character evidence will not be allowed or considered by the Investigator or any decision-maker unless it is fact evidence or related to a pattern of conduct.
4. Previous disciplinary action of any kind involving the Respondent may not be considered unless there is an allegation of a pattern of misconduct. Such information may also be considered in determining an appropriate sanction upon a determination of responsibility. Barring a pattern allegation, this information is only considered at the sanction stage of the process and is not shared until then.
W. Respondent Admits Responsibility
1. At any point in the proceedings, if a Respondent elects to admit to the charged violations and waive further process, the Decision-Maker is authorized to accept that admission, adopt it as their finding/final determination, and administer sanctions.
2. This admission also waives all rights to appeal for the Respondent. If the Respondent rejects the finding/final determination/sanctions, or does not admit to all conduct charged, the Resolution Process continues to its conclusion.
X. Investigation
1. All investigations are adequate, thorough, reliable, impartial, prompt, and fair. They involve interviews with all relevant Parties and witnesses, obtaining relevant evidence, and identifying sources of expert information, as necessary.
2. The College may consolidate Complaints against more than one Respondent, or by more than one Complainant against one or more Respondents, when the allegations arise from the same facts or circumstances or implicate a pattern, collusion, and/or other shared or similar actions.
Y. Hearing Process
1. The hearing process is described in the Hearing Resolution Procedure.
Z. Sanctions
1. General Considerations. Factors considered by the Decision-Maker when determining sanctions and responsive actions may include, but are not limited to:
a. The nature, severity of, and circumstances surrounding the violation(s)
b. The Respondent’s disciplinary history
c. The need for sanctions/responsive actions to bring an end to the Discrimination and/or Retaliation
d. The need for sanctions/responsive actions to prevent the future recurrence of Discrimination and/or Retaliation
e. The need to remedy the effects of the Discrimination and/or Retaliation on the Complainant and the community
f. The impact on the Parties
g. Any other information deemed relevant by the Decision-Maker.
2. In determining an appropriate sanction, the Decision-Maker must consult with appropriate College personnel, including for staff Employees, the Respondent’s supervisor and the Executive Director of HR, for Faculty, the Appropriate Academic Dean, and for students, the Dean of Student Development.
3. The sanctions will be implemented as soon as it is feasible once a determination is final, either upon the outcome of any appeal or the expiration of the window to appeal, without an appeal being requested.
4. The sanctions described in this Procedure are not exclusive of, and may be in addition to, other actions taken, or sanctions imposed, by external authorities.
5. Student Sanctions. The following is a list of sanctions that may be imposed upon students singly or in combination:
• Written warning: The Respondent is placed on notice that further prohibited conduct may result in more severe disciplinary action.
• Assignments of services: Including, but not limited to, work assignments, essays, service to the college, letters of apology, conferences, mediation, or other reasonable assignments.
• Restrictions: A Student may be restricted in their activities, including, but not limited to, being restricted from locations, programs, participation in certain activities or extracurriculars, study abroad, or from holding leadership in student organizations.
• Probation: An official sanction for violation of College Policy, providing for more severe disciplinary sanctions in the event that the student is found in violation of any College Policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from co-curricular activities, exclusion from designated areas of campus, no-contact orders, and/or other measures deemed appropriate.
• Suspension: Separation from the College, or one or more of its facilities, for a definite period of time, typically not to exceed two years, after which the student is eligible to return. Eligibility may be contingent upon satisfaction of specific conditions noted at the time of suspension, on successfully applying for readmission, or upon a general condition that the student is eligible to return if the institution determines it is appropriate to re-enroll/readmit the student. The student is typically required to vacate institutional property within 24 hours of notification of the action, though this deadline may be extended at the discretion of the CCFPO or other appropriate official. During an institution-wide suspension, the Student is banned from institutional property, functions, events, and activities unless they receive prior written approval from an appropriate institutional official. This sanction may be enforced with a trespass action, as necessary.
• Expulsion: Permanent separation from the College The student is banned from College property, and the student’s presence at any College-sponsored activity or event is prohibited. This action may be enforced with a trespass action, as necessary.
• Revocation of Degree: While very rarely employed, the College reserves the right to revoke a degree previously awarded from the College for fraud, misrepresentation, and/or other violation of College policies, procedures, or directives in obtaining the degree, or for other serious violations committed by a student prior to graduation.
• Restitution: Compensation to the victim for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
• Withholding academic credentials: The College may withhold academic credentials or transcripts otherwise earned until the completion of any matter initiated against a Respondent under these procedures.
• Persona non grata: Declares the individual banned from all property owned, leased, or operated by the college as well as college-sponsored activities.
• Order of No Contact/Access: A written order specifying the forms of contact that are prohibited, with whom, the areas where access is limited and the period the order shall be effective.
• Behavioral Management: Completion of projects, assessments, or other activities to demonstrate the Respondent’s suitability to successfully participate in college activities.
• Drug or Alcohol Referral: Referral to appropriate campus or community counseling resources. If the referring party deems appropriate, successful completion of a drug or alcohol education program approved by the Office of Community Standards may be required.
• Other appropriate action: Where applicable, the deciding body may impose any sanction deemed necessary to remedy the effects of the prohibited conduct.
6. Student Group and Organization Sanctions. The following are the common sanctions that may be imposed upon student organizations singly or in combination:
• Warning: A formal statement that the conduct was unacceptable and a warning that further violation of any College Policy, procedure, or directive will result in more severe sanctions/responsive actions.
• Probation: An official sanction for violation of institutional Policy, providing for more severe disciplinary sanctions in the event that the group or organization is found in violation of any institutional Policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social and event privileges, denial of College funds, ineligibility for honors and awards, restrictions on new member recruitment, no-contact orders, and/or other measures deemed appropriate.
• Suspension: Termination of student group or organization recognition and/or institutional support for a definite period of time not to exceed two years and/or until specific criteria are met. During the suspension period, a student group or organization may not conduct any formal or informal business or participate in College-related activities, whether they occur on- or off-campus. Re-recognition is possible but not guaranteed and will only be considered after the end of the suspension period and based on meeting all re-recognition criteria and obtaining clearance from the College.
• Expulsion: Permanent termination of student group organization recognition and revocation of the privilege to congregate and conduct business on campus as an organization for any reason.
• Loss of Privileges: Restricted from accessing specific College privileges for a specified period of time.
• Other Actions: In addition to or in place of the above sanctions, the College may assign any other sanctions as deemed appropriate.
7. Employee Sanctions.
a. Disciplinary action taken pursuant to this Procedure will be implemented consistent with any applicable collective bargaining agreement.
b. Sanctions for an Employee who has engaged in Prohibited Conduct under this Policy include:
• Verbal Warning means an oral statement to an Employee from the Supervisor describing the Employee’s Infraction.
• Written Reprimand means a written statement to an Employee from the Employee’s Supervisor describing the Employee’s Infraction and advising that failure to correct the behavior or its recurrence may be grounds for additional Disciplinary Action, up to and including Discharge.
• Probation means a designated period of time determined by the College and stated in writing (“Probationary Period”) during which, if the Employee is found to commit any Infractions, more severe Disciplinary Action(s) may be imposed.
• Suspension means a designated period of time determined by the College and stated in writing (“Suspension Period”) that the Employee may not perform work and will not be paid due to an Employee’s Infraction.
• Discharge is a Disciplinary Action that means termination of the Employee’s employment at the College or employment contract with the College but does not include non-renewal of an employment contract with the College, including, but not limited to, contracts with non-tenured and Term contract full-time Faculty.
• Implementation of Performance Improvement tools means the implementation of non-disciplinary support mechanisms when an Employee’s performance tasks or behaviors become a concern to the Supervisor.
• Other Actions: In addition to or in place of the above sanctions/responsive actions, the College may assign any other sanction or responsive actions as deemed appropriate.
AA. Notice of Outcome
1. Within ten (10) business days of the conclusion of the Resolution Process, the CCFPO will provide the Parties with a written outcome notification. The outcome notification will specify the finding for each alleged Policy violation, any applicable sanctions that the College is permitted to share pursuant to state or federal law, and a detailed rationale, written by the Decision-Maker, supporting the findings to the extent the College is permitted to share under federal or state law.
2. The notification will also detail the Parties’ equal rights to appeal, the grounds for appeal, the steps to take to request an appeal, and when the determination is considered final if neither party appeals.
3. The CCFPO will provide the Parties with the outcome notification simultaneously, or without significant time delay between notifications.
4. The written outcome notification may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the Parties as indicated in official College records, or emailed to the Parties’ College-issued or designated email account. Once mailed, emailed, and/or received in person, the outcome notification is presumptively delivered.
BB. Withdrawal or Resignation Before Complaint Resolution
1. Students
a. Should a Student Respondent decide not to participate in the Resolution Process, the process proceeds absent their participation to a reasonable resolution.
b. If a Student Respondent withdraws from the College, the Resolution Process may continue, or the CCFPO may exercise their discretion to dismiss the Complaint. If the Complaint is dismissed, the College will still provide reasonable supportive or remedial measures as deemed necessary to address safety and/or remedy any ongoing effects of the alleged Discrimination, and/or Retaliation.
c. Regardless of whether the Complaint is dismissed or pursued to completion of the Resolution Process, the College will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s), and any ongoing effects of the alleged Discrimination and/or Retaliation.
d. When a Student withdraws or leaves while the process is pending, the Student may not return to the College in any capacity until the Complaint is resolved and any sanctions imposed are satisfied. If the Student indicates they will not return, the CCFPO has discretion to dismiss the Complaint. Appropriate College offices will be notified, accordingly.
e. If the Student Respondent takes a leave for a specified period of time (e.g., one semester or term), the Resolution Process may continue remotely. If found in violation, that Student is not permitted to return to College unless and until all sanctions, if any, have been satisfied.
2. Employees
a. Should an Employee Respondent decide not to participate in the Resolution Process, the process proceeds absent their participation to a reasonable resolution.
b. If an Employee Respondent withdraws from their employment at the College with unresolved allegations pending, the Resolution Process may continue, or the CCFPO may exercise their discretion to dismiss the Complaint. If the Complaint is dismissed, the College may still provide reasonable supportive or remedial measures as deemed necessary to address safety and/or remedy any ongoing effects of the alleged Discrimination and/or Retaliation.
c. When an Employee resigns and the Complaint is dismissed, the Employee may not return to the College in any capacity. HR will be notified, accordingly, and a note will be placed in the Employee’s file that they resigned with allegations pending and are not eligible for rehire with the College. The records retained by the CCFPO will reflect that status.
CC. Appeal of the Determination
1. The CCFPO will designate a single Appeal Decision-maker chosen from the College’s vice presidents, or another trained internal or external individual, to hear the appeal.
2. No Appeal Decision-maker will have been previously involved in the Resolution Process for the Complaint, including in any supportive measure or dismissal appeal that may have been heard earlier in the process.
3. Appeal Grounds. Appeals are limited to the following grounds:
a. A procedural irregularity that would change the outcome
b. New evidence that would change the outcome and that was not reasonably available at the time the determination regarding responsibility or dismissal was made.
c. The CCFPO as Investigator or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that would change the outcome
4. Request for Appeal
a. Any party may submit a written Request for Appeal to the CCFPO within five (5) business days of the delivery of the Notice of Outcome.
b. The Request for Appeal will be forwarded to the Appeal Decision-maker for consideration to determine if the request meets the grounds for appeal—a Review for Standing. This is not a review of the merits of the appeal, but solely a determination as to whether the request could reasonably be construed to meet the grounds and is timely filed.
c. If the Request for Appeal does not provide information that meets the grounds in this Procedure, the request will be denied by the or Appeal Decision-maker, and the Parties and their Advisors will be simultaneously notified in writing of the denial and the rationale.
d. If any of the grounds in the Request for Appeal meet the grounds in this Policy, then the Appeal Decision-Maker will notify all Parties and their Advisors, the CCFPO, and, when appropriate, the Investigator(s) and/or the original Decision-Maker.
e. All other Parties and their Advisors, the CCFPO, and, when appropriate, the Investigator(s) and/or the Decision-maker will be provided a copy of the Request for Appeal with the approved grounds and then be given five (5) business days to submit a response to the portion of the appeal that was approved and involves them. The Appeal Decision-maker will forward all responses, if any, to all Parties for review and comment.
f. The non-appealing Party (if any) may also choose to appeal at this time. If so, that Request for Appeal will be reviewed by the Appeal Decision-maker to determine if it meets the grounds in this Policy and will either be approved or denied. If approved, it will be forwarded to the party who initially requested an appeal, the CCFPO, and the Investigator(s) and/or original Decision-maker, as necessary, who will submit their responses, if any, within five (5) business days. Any such responses will be circulated for review and comment by all Parties. If denied, the Parties will be notified accordingly, in writing.
g. No party may submit any new Requests for Appeal after this time period. The Appeal Decision-maker will collect any additional information needed and all documentation regarding the approved appeal grounds, and the subsequent responses will be shared with the Appeal Decision-maker, who will promptly render a decision.
5. Appeal Determination Process
a. Appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The Appeal Decision-Maker will deliberate as soon as is practicable and discuss the merits of the appeal.
b. Appeal decisions are to be deferential to the original determination, making changes to the finding only when there is clear error and to the sanction(s)/responsive action(s) only if there is a compelling justification to do so. All decisions are made by majority vote and apply the preponderance of the evidence standard.
c. An appeal is not an opportunity for the Appeal Decision-Maker to substitute their judgment for that of the original Decision-Maker merely because they disagree with the finding and/or sanction(s).
d. The Appeal Decision-Maker may consult with the CCFPO and/or legal counsel on questions of procedure or rationale, for clarification, if needed. The CCFPO will maintain documentation of all such consultation.
6. Appeal Outcome
a. An appeal may be granted or denied. Appeals that are granted should normally be remanded (or partially remanded) to the original Investigator(s) and/or Decision-maker with corrective instructions for reconsideration. In rare circumstances where an error cannot be cured by the original Investigator(s) and/or Decision-maker or the CCFPO (as in cases of bias), the Appeal Decision-Maker may order a new investigation and/or a new determination with new Pool members serving in the Investigator and Decision-Maker roles.
b. A Notice of Appeal Outcome letter will be sent to all Parties simultaneously, or without significant time delay between notifications. The Appeal Outcome will specify the finding on each ground for appeal, any specific instructions for remand or reconsideration, any sanction(s) that may result which the College is permitted to share according to federal or state law, and the rationale supporting the essential findings to the extent the College is permitted to share under federal or state law.
c. Written notification may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the Parties as indicated in official institutional records, or emailed to the Parties’ College-issued email or otherwise approved account. Once mailed, emailed, and/or received in person, the Appeal Outcome will be presumptively delivered.
d. Once an appeal is decided, the outcome is final and constitutes the Final Determination; further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new determination). When appeals result in no change to the finding or sanction, that decision is final. When an appeal results in a new finding or sanction, that finding or sanction can be appealed one final time on the grounds listed above and in accordance with these procedures.
e. If a remand results in a new determination that is different from the appealed determination, that new determination can be appealed, once, on any of the three available appeal grounds.
7. Sanction Status During the Appeal
a. Any sanctions imposed as a result of the determination are stayed (i.e., not implemented) during the appeal process, and supportive measures may be maintained or reinstated until the appeal determination is made.
b. If any of the sanctions are to be implemented immediately post-determination, but pre-appeal, then the emergency removal procedures (detailed above) for a “show cause” meeting on the justification for doing so must be permitted within two (2) business days of implementation.
DD. Long-Term Remedies/Other Actions
1. Following the conclusion of the Resolution Process, and in addition to any sanctions implemented or Informal Resolution terms, the CCFPO may implement additional long-term remedies or actions with respect to the Parties and/or the College community that are intended to stop the Discrimination and/or Retaliation, remedy the effects, and prevent
recurrence.
2. These remedies/actions may include, but are not limited to:
• Referral to counseling and health services
• Referral to the Employee Assistance Program
• Course and registration adjustments, such as retroactive withdrawals
• Education to the individual and/or the community
• Permanent alteration of housing assignments
• Permanent alteration of work arrangements for employees
• Provision of campus safety escorts
• Climate surveys
• Policy modification and/or training
• Provision of transportation assistance
• Implementation of long-term contact limitations between the Parties
• Implementation of adjustments to academic deadlines, course schedules, etc.
3. At the discretion of the CCFPO, certain long-term supportive measures may also be provided to the Parties even if no Policy violation is found.
4. When no Policy violation is found, the CCFPO will address any remedies the College owes the Respondent to ensure no effective denial of educational access.
5. The College will maintain the confidentiality of any long-term remedies/actions/measures, provided confidentiality does not impair the College’s ability to provide these services.
EE. Failure to Comply with Sanctions, Responsive Actions, and/or Informal Resolution Terms
1. All Respondents are expected to comply with the assigned sanctions, responsive actions, corrective actions, and/or Informal Resolution terms within the timeframe specified by the final Decision-maker(s), including the Appeal Panel or Decision-maker or the Informal Resolution agreement.
2. Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion, and/or termination from the College. These matters will be referred to the student conduct and employee discipline processes, as appropriate.
3. Supervisors are expected to enforce the completion of sanctions/responsive actions for their employees.
4. A suspension imposed for non-compliance with sanctions will only be lifted when compliance is achieved to the CCFPO’s satisfaction.
FF. Recordkeeping. For a period of at least seven (7) years following the conclusion of the Resolution Process, the CCFPO will maintain records of:
1. Each Discrimination and Retaliation resolution process, including any Final Determination regarding responsibility or appeal, and any audio or audiovisual recording or transcript;
2. Any disciplinary sanctions imposed on the Respondent,
3. Any supportive measures provided to the Parties and any remedies provided to the Complainant or the community designed to restore or preserve equal access to the College’s education program or activity
4. Any appeal and the result therefrom
5. Any Informal Resolution and the result therefrom
6. All materials used to provide training to the CCFPO and designees, Investigators, Decision-makers, Appeal Decision-makers, Informal Resolution Facilitator, and any person who is responsible for implementing the College’s Resolution Process, or who has the authority to modify or terminate supportive measures. College will make these training materials available for review upon request.
7. Any and all records in accordance with state and federal laws.
GG. Accommodations and Support During the Resolution Process
1. Disability Accommodations
a. The College is committed to providing reasonable accommodations and support to qualified Students, Employees, or others with disabilities to ensure equal access to the College’s Resolution Process.
b. Anyone needing such accommodations or support should contact the CCFPO, who will work with disability support colleagues as appropriate to review the request and, in consultation with the person requesting the accommodation, determine which accommodations are appropriate and necessary for full process participation.
2. Other Support. The CCFPO will also address reasonable requests for support for the Parties and witnesses, including:
• Language services/Interpreters
• Access and training regarding use of technology throughout the Resolution Process
• Other support as deemed reasonable and necessary to facilitate participation in the Resolution Process
Procedure Title: Interim Resolving Allegations of Discrimination and Retaliation Procedure
Policy Category: General
Policy Owner: President
Policy Administrator: Chief Compliance and Fair Practices Officer
Contact Information: complianceifficer@aacc.edu
Approval Date: October 14, 2024
Effective Date: November 19, 2024
History: N/A
Applies to: Employees, Students, Visitors
Related Policies: Non-Discrimination Policy
Related Procedures:
Forms/Guidelines: N/A
Relevant Laws: